Armondo

Introduction

Elizabeth C. A. Armondo appeals from the denial of a peremptory writ challenging the Department of Motor Vehicles’ (DMV) suspension of her driving privilege. The appeal poses two questions: first, whether a “disappearing lawful arrest”—i.e., an arrest which, by operation of law, is subsequently deemed only a detention—may support an administrative per se suspension of a driver’s license, one requirement of which is an arrest; and second, whether it was within the trial court’s discretion to reject new evidence offered for the first time in the writ proceeding. We answer both questions in the affirmative. Accordingly, we affirm.

Background

Appellant was arrested on December 30, 1991, in Castro Valley on suspicion of driving under the influence of alcohol. After failing field sobriety tests, appellant was administered a breath test. The breath test results demonstrated appellant had a blood-alcohol content of 0.09 percent. Appellant was issued an administrative per se order of suspension of her driver’s license. Shortly thereafter, she was issued a certificate of release from custody pursuant to Penal Code sections 849, subdivision (b) and 851.6, certifying…